One of the big mysteries around hours of service is personal conveyance. When can a driver use a vehicle for personal reasons without it counting against their driving time? The Federal Motor Carrier Safety Administration is now attempting to clarify that usage through regulatory guidance.

The current law requires an off-duty driver to be relieved of all work and responsibility for performing work. It allows drivers, with company permission, to the use the vehicle to get to and from work or for other “short” trips, such as going to get something to eat or shop.

A key part of the law, FMCSA said, is that the vehicle be “unladen.” The agency believes that has penalized operators of vehicles where a trailer could not be detached and therefore the vehicle could never be unladen.

FMCSA is seeking comment on the proposal which would eliminate the unladen part of the rule. This would not only affect drivers of straight trucks, but also may impact tractor-trailers, allowing drivers to take the trailer with them while loaded while operating under personal conveyance. In addition, the agency is seeking comment on the appropriate use of a CMV while off-duty and any economic impacts.

Did you know?

Quotable:

“Today, jurisdictions around the country are implementing the ELD requirement. Enforcement personnel have been trained in anticipation of the ELD rule and now that it is in effect, inspectors will be verifying hours-of-service compliance by reviewing records of duty status requirements electronically.”

- Collin Mooney, CVSA executive director

In other news:

Delivery companies under increased pressure

The final leg of the holiday shopping season has arrived, and with Christmas falling on a Monday this year, there is even more pressure on FedEx, UPS and USPS to delivery on time. (Wall Street Journal)

Congestion costs $7.7M per day

According to a TomTom Telematics survey, trucking fleets waste $7.71 million per day in productivity and $1.7B per year in just five cities. (CCJ)

Republicans infrastructure push cuts out Dems, possibly needed votes

Republicans and President Trump are preparing an infrastructure proposal, but the process has cut out Democrats, putting any potential vote to pass a bill in jeopardy. (The Hill)

Economists see growth in GDP next year

Economists are continuing to predict solid growth next year for GDP, albeit not as high as the Trump administration would want. (FTR)

The future of freight

A recent roundtable discussion in San Francisco took a look at what panelists see for the future of freight, and it’s heavily digital. (Supply Chain Brain)

Final Thoughts

FMCSA is hoping to clarify the personal conveyance rule that currently requires a driver using a CMV for personal use to be unladen. It also is asking for comment on appropriate use of a CMV for personal use, which is where much of the confusion on this law exists. Hopefully it will listen to the commentators and come up with a cleaner, clearer rule on personal conveyance.

Hammer down everyone!

Stay up-to-date with the latest commentary and insights on FreightTech and the impact to the markets by subscribing.

Brian Straight has covered the U.S. trucking and transportation community for more than 10 years, winning numerous regional and national editorial awards, including a Jesse. H. Neal Award. Prior to working on FreightWaves, Brian spent 10 years at industry trade magazine Fleet Owner, and prior to that managed daily newspaper editorial operations.

FreightWaves

FreightWaves provides data and commentary on the global freight market. At the core of each article or content piece is a focus on the economic impacts and outcomes - good or bad - that are driven by emerging technology, innovation and freight industry evolution.

Interested in benchmarking your truckload fleet against the top performers? We have partnered with the Truckload Carriers Association to provide over 30 different fleet benchmark data points from the top performing fleets in tca’s tpp program.